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06.02.2010 Va Claims General Discussion

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Please note this is a work in progress. So it isn't complete, we are trying to find the best to combine the information from the radio show with the best HadIt.com resources, so please be patient with us as we make our way this process.

06.02.2010 SVR Radio: VA Claims

Terms usedCUEROBVADICRemand - If the Board determines that additional development is required before it can make a decision on a claim, it will explicitly list the necessary developmental actions in this section of its decision. Commonly, the Board will require the RO or Appeals Management Center to obtain additional medical or service records, provide the veteran with a compensation and pension examination, and/or give the claimant proper notice about how to substantiate his or her claim, and then readjudicate the claim after completing the development. Advocates should ensure that the VA complies with all remand instructions.C and P - "Often, the most relevant medical records in a claims file are compensation and pension ("C&P") examination reports. The VA relies heavily on these reports in its decisions. C&P examinations are used by the VA to determine the diagnoses for and severity of a veteran's disabilities for rating purposes. The examiner is also typically required to provide opinions as to whether any current disabilities are related to the veteran's service. These opinions are known as medical nexus opinions." I 9IG - VA Office of Inspector GeneralTDIUIUClaimSCNSC - Non-service connected: With respect to disability or death, this phrase means "that such disability was not incurred or aggravated, or that the death did not result from disability incurred or aggravated, in line of duty in the active military, naval, or air serviceIMO VA Claims Questions can be posted here. CUE General. Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error. Generally, either the correct facts, as they were known at the time, were not before the Board, or the statutory and regulatory provisions extant at the time were incorrectly applied.

CUE topics and posts on HadIt.com.
CUE Law Reference 38 CFR 20.1403

Duty To Assist

Duty to Assist topics and posts on HadIt.com
Duty to Assist Law 38 CFR 3.159 (:D

Military Service RecordsPlease Note the following explains which records where destroyed in a fire at National Personnel Records Center in 1973.

On July 12, 1973, a disastrous fire at NPRC (MPR) destroyed approximately 16-18 million Official Military Personnel Files. The affected record collections are described below.

Branch

Personnel and Period Affected

Estimated Loss

No duplicate copies of the records that were destroyed in the fire were maintained, nor was a microfilm copy ever produced. There were no indexes created prior to the fire. In addition, millions of documents had been lent to the Department of Veterans Affairs before the fire occurred. Therefore, a complete listing of the records that were lost is not available. Nevertheless, NPRC (MPR) uses many alternate sources in its efforts to reconstruct basic service information to respond to requests.

How to request your military records.VCAA - The Veterans Claims Assistance Act of 2000 Public Law 106-475. To amend title 38, United States Code, to reaffirm and clarify the duty of the Secretary of Veterans Affairs to assist claimants for benefits under laws administered by the Secretary, and for other purposes.

Discussion on "
Well Grounded
" the following is a quote from the
VCAA
mentioning "
Well Grounded
" and the ability for the claimant to have their claim readjudicated.
"(B) Rule for Claims the Denial of Which Became Final After the Court of Appeals for Veterans Claims Decision in the Morton Case.-- (1) In the case of a claim for benefits denied or dismissed as described in paragraph (2) TheSecretary of Veterans Affairs shall, upon the request of the claimant or on the Secretary's own motion, order the claim readjudicated under chapter 51 of such title, as amended by this Act, as if the denial or dismissal had not been made. (2) A denial or dismissal described in this paragraph is a denial or dismissal of a claim for a benefit under the laws administered by the Secretary of Veterans Affairs that-- (A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act; and (B) was issued by the Secretary of Veterans Affairs or a court because the claim was
not well grounded
(as that term was used in section 5107(a) of title 38, United States Code, as in effect during that period)."

Effective Dates Reference 38 CFR 3.400New and Material Evidence Reference 38 CFR 3.156Overpayments law references in 38 CFRStaged RatingsVONAPP Electronic Application for disability compensation. 2 to 3 hours to fill out. Compensation and Pension Examination

Release of Information Form and Request a copy of the examination.
DO NOT MISS A COMPENSATION AND PENSION EXAMINATION!!! If health or transportation problems come up call them immediately explain your situation and ask to reschedule. Once again just so we are clear
,
DO NOT MISS A COMPENSATION AND PENSION EXAMINATION!!

Mental Health Examination

PTSD Compensation and Pension Examination

Head Injuries/TBIPrior to October 2008 Head Injuries were rated as brain trauma due to head injury under diagnostic code 8045. Diagnostic code 8045, at that time limited veterans to a rating of 10%. As of October 2008, TBI is now a whole section in and of itself and ratings now range from 0% to 100%.Personality Disorder entirely different from Personality change due to TBI, PTSD, or other mental illness.ProActive Claimaints

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How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

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  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
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